Arizona weekly citizen., 1887-01-15
WEEKLY CITIZEN.
SATURDAY. JANUARY 15, 1887.

IT u probable that there will be an
 attempt made during the coming ses- s;,n of the legislature to abolish the C,untv Court that now exists ID several ,,1ntiss n the Territory, and if the movement 'ucceeds 1t will prove a ca Ismity to flns county, at least. Tbis
 ,,r-t has now absorbed the Probate
 C,ur.. and it practically becomes 8
 p-,bsta Court with enlarged jurisdic-
 finn. sufficient to keep the machinery Of
 ;u.,fos m operation n times of emer-
 ,sncv ss we'll as to maintain a court of
 nsrpstusl session. There Is DO case
 short of those pertaining to the United
 States Court that 1t is incompetent to sdiu.t. and when our people reflect upon tbsdiaicuIties that have surrounded the disns.ch of business in the District Court durins the psst five or si1 years. ,bey will readily discern the advantages derIyed from a court that IS always
 onsn. Gases before the County Court
 are commenced and ended without any
 enforced delsys. and ID rare instances
 oolv nas6 s suit be continued longer
 tben ninety Gavs unless the parties in
 terestei choose to delay iT, The speedy
 disposition Of suits involving large val
 ues eIerts 8 beneficial public, as well as prlyate. iuA jruce that should enter largely into consideration of the neees- siry Of maintaining the County Court, for properties in litigation are usually held n Q state of inactivity pending the result and ihs costs of keepers are add ei 10 the losses resulting from the stop page of the industry, besides the ex- pense of the litigation. 4 single in st01ce sUffices tO illustrate the value o. the County Court, iC winch the settle msn; ot the wafer rights of land owners on tbe Santa Cruz, opposite thIs city, was concluded SO promptly that the rights of the successful parties were in no wise injured or impeded by long and tedious restraints, and losses were thereby avoided that woald otherwise have amounted to a far greater sum thsn the whole expense of the County Court for year This is not an isC- lated nor sn exceptional instance, for the dispensstion of justice Is expedited by thls court in many ways and long lit ig8tion becomes inaccessible.
 The expense of inc County Court has been urged as an objection to it's con- but those who use tbis srgu- ment display their ignorance 0s to it's cost. It is an undenisble fact that Q case in the County Court can cost the county DO more than it would in the Dis trict Court. The expense of admins teriug justice IS controlled solely by the provisions of the general laws and wit Eesses and attorneys fees are conpul- slry allowances by both tribunals. The expense, therefore, IS but the difference between the sums of the salaries of the County Judge and the Probate Judge, which is a very small matter, and IS off, set a hundred times in each year by the additional advantages of the prompt dis posal of cases, and in Keeping the iails empty.
 Another very important advantage der,yed from the existence of the Coun- ty Court should not be overlooked. Ap- pesls taken from its judgment go direct to the Supreme Court for the impartial re7iew of full bench. None of the Justices have disqualified themselves by reason If having heard the case in the court below, and they are in a position 10 review 1t without prejudice. For many months Arizona has been without a Chic. Justice of it's Supreme Court, and 1t is rather anomalous If not highly jDconsiatent for the two remaining Jns- ti,es to review theIr own judgment in the lower court. As it stands to-day an appeal from the District Court to the Supreme Court ties up 6 case indeti- nItely, and perhaps dIsastrously io every interest involved, while an appeal from Q County Court meets with no such obstacle.
 Indeed, there are reasons, and good ones, in abundance that favor the exist eacs of the County Courts. md if the legislature enacts any general law upon the subject. It should create County Court in every county in the Territory upon the same plane as thst now exist iug ID Pima county, but leaving the com pensasion of it's judge and clerk to the discretion Of the Board of Supervisors to be altered as circumstances and the duties oI the court may require. At all events, the Court should not be
 sbcl.shed, nor its jurisdiction Rbridegd.